Case Summary
K.Sreelatha, the petitioner, seeks eviction of Subhash, the counter petitioner, for defaulting on rent payments since May 2023. The petitioner claims rent arrears and requests possession of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent is directed to put the petitioner in possession of the scheduled building.
Case Type
Eviction Petition
Final Judgment
No
The court granted the petitioner's request for eviction, ordering Subhash to vacate the premises due to non-payment of rent.
Why Plaintiff Won:
Petitioner established that the counter petitioner has not paid rent since May 2023.
Petitioner established that the counter petitioner has not paid rent since May 2023.
Losing Side's Weaknesses:
Petitioner established that the counter petitioner has not paid rent since May 2023.
Petitioner established that the counter petitioner has not paid rent since May 2023.
Supporting Evidence
The court noted that the petitioner is entitled to realise the cost of the proceedings from the respondent.
Judgment Evidence:
In the result, an order is passed on the following terms. Respondent is directed to put the petitioner in possession of the scheduled building U/s 11(2)(b) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.Sreelatha
- Party Age
- 65
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Subhash
- Relation
- S/o
Plaintiffs Documents
Rent Agreement dated 30-04-2023, Legal Notice (2 copies), Returned Postal Envelopes (2 copies), Postal Receipts (2 Nos.).
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C.Parameswaran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajath RaJ.A.R.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Gairam Gopal Anippalli
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner sought eviction of the counter petitioner from the premises due to arrears of rent.
Evidence:
Therefore, the petitioner is entitled to the vacant possession of the building on the ground of arrears of rent in terms of the A1 agreement and the provisions of the Act.
Relief Type:
Recovery
Outcome:
Granted
Description:
Petitioner entitled to claim arrears of rent along with interest.
Evidence:
The respondent is liable to pay costs of the proceedings.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
The original rent agreement dated 30/04/2023 establishes the tenancy and rent obligations.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
True copies of legal notices sent to the counter petitioner regarding the arrears of rent.
Reference:
Exts.A2 and A3
Document Type:
Postal Envelope
Submitted By:
Plaintiff
Relevance:
Returned postal envelopes containing legal notices demonstrate attempts to notify the tenant.
Reference:
Exts.A4 and A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Original postal receipts provide evidence of sending legal notices to the counter petitioner.
Reference:
Ext.A6
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
The original power of attorney confirms the authority of P.S.Viswanatha Pillai to represent the petitioner.
Reference:
Ext.A7
Case Classification
Case Type
Eviction Petition
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between K.Sreelatha vs Subhash regarding eviction.
Case Code Year
Case between K.Sreelatha vs Subhash regarding eviction.